Judge releases affidavit in Nichole Cable murder

State police detective: Dube kidnapped Cable before her death

UPDATED 6:18 PM EDT May 29, 2013

BANGOR, Maine -

A judge Wednesday afternoon unsealed the affidavit in the death of a 15-year-old girl from Glenburn that details how she died while being kidnapped.

Detective Thomas Pickering of the state police said in the affidavit that investigators learned that Kyle Dube, 20, of Orono, had a Facebook account in which he allegedly contacted the victim, Nichole Cable. A witness said that Dube had wanted to have sex with Cable but she refused his advances.

Dube allegedly contacted Cable with a false identity on Facebook as Bryan Butterfield and she agreed to meet with him on May 12 to get marijuana, the affidavit said.

Pickering talked with Kyle Dube's brother, Dustin Dube, and he repeated what Kyle Dube said to him.

"He (Kyle Dube) waited in the woods wearing a ski mask; that he had duct tape; that he jumped out of the bushes and took Nichole; that he duct taped her; that he put Nichole in his father's pickup truck; that when he removed Nichole from the truck she was dead ... Kyle intended to kidnap Nichole and hide her; that he would later find her and be the hero," the affidavit said.

Kyle Dube buried the body in woods near the Dysart's gas station in Old Town. He also told his girlfriend where he had left the body, the affidavit said.

The ruling on the affidavit came after the attorney for Dube and lawyers for two news organizations clashed Wednesday in a Bangor courtroom over the news organizations' motion to unseal the affidavit explaining why Dube was charged in Nichole Cable's death.

Justice William Anderson impounded the affidavit last week after Dube's lawyer cited Dube's right to a fair trial and other concerns.

The Associated Press and the Portland Press Herald contended probable cause affidavits may be sealed only under rare circumstances that don't apply in this case.

The defense on Wednesday further asked that search warrant documents be sealed until Dube's trial.

A grand jury also indicted Dube on charges of murder and kidnapping charges on Wednesday as well.

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